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    California Builders Right To Repair Current Law Summary:

    Current Law Summary: SB800 (codified as Civil Code §§895, et seq) is the most far-reaching, complex law regulating construction defect litigation, right to repair, warranty obligations and maintenance requirements transference in the country. In essence, to afford protection against frivolous lawsuits, builders shall do all the following:A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses.A builder, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder can demonstrate any of the following affirmative defenses in response to a claimed violation:


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    Commercial and Residential Contractors License Required.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Building Industry Association Southern California - Desert Chapter
    Local # 0532
    77570 Springfield Ln Ste E
    Palm Desert, CA 92211
    http://www.desertchapter.com

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501


    Building Industry Association Southern California
    Local # 0532
    17744 Sky Park Circle Suite 170
    Irvine, CA 92614
    http://www.biasc.org

    Building Industry Association Southern California - Orange County Chapter
    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614
    http://www.biaoc.com

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730
    http://www.biabuild.com

    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355


    Building Industry Association Southern California - Building Industry Association of S Ca Antelope Valley
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535



    Construction Expert Witness News and Information
    For Anaheim California

    Prospective Additional Insureds May Be Obligated to Arbitrate Coverage Disputes

    Eminent Domain Bomb Threats Made on $775M Alabama Highway Project

    Summary Judgment Granted to Insurer for Hurricane Damage

    New WA Law Caps Retainage on Private Projects at 5%

    In South Carolina, Insurer's Denial of Liability Does Not Waive Attorney-Client Privilege for Bad Faith Claim

    Best Lawyers® Recognizes 43 White and Williams Lawyers

    There’s the 5 Second Rule, But Have You Heard of the 5 Year Rule?

    Using the Prevention Doctrine

    Elizabeth Lofts Condo Owners Settle with Plumbing Supplier

    Revisiting Termination For Convenience Clauses In Uncertain And Ever-Changing Economic Times

    Why Financial Advisers Still Hate Reverse Mortgages

    New Year’s Resolution: Engineering the “Tee-Up Day” for Complex Construction Mediations

    Pennsylvania: Searching Questions Ahead of Oral Argument in Domtar

    Construction Defects Uncertain Role in Coverage in Pennsylvania

    TLSS Partner Burks Smith and Associate Katie Keller Win Summary Judgment on Late Reported Water Seepage Case in South Florida

    Plaintiffs Not Barred from Proving Causation in Slip and Fall Case, Even With No Witnesses and No Memory of Fall Itself

    Congratulations to Partners Bryan Stofferahn and Jason DiGioia on Successfully Securing Nearly 12 Million Dollars in a Complex Construction Defect Case!

    Waiver Of Arbitration by Not Submitting Claim to Initial Decision Maker…Really!

    Idaho Federal Court Rules Against Sacketts After SCOTUS Decided Judicial Review of an EPA Compliance Order was Permissible

    Insurer Doomed in Delaware by the Sutton Rule

    How the Election Could Affect the Housing Industry: Steven Cvitanovic Authors Construction Today Article

    Eight Things You Need to Know About the AAA’s New Construction Arbitration Rules

    Matthew Graham Named to Best Lawyers in America

    Not If, But When: Newly Enacted Virginia Legislation Bans “Pay-If-Paid” Clauses In Construction Contracts

    Colorado HB 13-1090: Concerning Payment of Amounts Due Under a Construction Agreement

    2026 Construction Outlook: Dampening Outlook With Some Potential Bright Spots

    Best Lawyers Recognizes Twenty White and Williams Lawyers

    Roof's "Cosmetic" Damage From Hail Storm Covered

    What You Need to Know About Home Improvement Contracts

    Lien Attaches To Landlord’s Interest When Landlord Is Party To Tenant Improvement Construction Contract

    Is New York Heading for a Construction Defect Boom?

    American Council of Engineering Companies of California Selects New Director

    Florida’s Fourth District Appeals Court Clarifies What Actions Satisfy Florida’s Construction Defect Statute of Repose

    Title II under ADA Applicable to Public Rights-of-Way, Parks and Other Recreation Areas

    Apprentices on Public Works Projects: Sometimes it’s Not What You Do But Who You Do the Work For That Counts

    Powering Data Centers in a Moving Regulatory Landscape: Positioning Deals Before FERC’s Next Move

    You Can Take This Job and Shove It!

    Quick Note: October 1, 2023 Changes to Florida’s Construction Statutes

    Public Adjuster Cannot Serve As Disinterested Appraiser

    More Charges Anticipated in Las Vegas HOA Scam

    Construction Termination Issues Part 5: What if You are the One that Wants to Quit?

    Florida Courts Say that Developers Are Responsible for Flooding

    Real Estate & Construction News Roundup (4/16/25) – Multifamily Construction Opportunities, a Tariff Timeout for Commercial Developers and Data Center-Driven Real Estate Boom

    Contractor Side Deals Can Waive Rights

    Bremer Whyte Brown & O’Meara, LLP is Proud to Announce Jeannette Garcia Has Been Elected as Secretary of the Hispanic Bar Association of Orange County!

    Primer Debuts on Life-Cycle Assessments of Embodied Carbon in Buildings

    Breaking the Impasse by Understanding Blame

    DIR Reminds Public Works Contractors to Renew Registrations Before January 1, 2016 to Avoid Hefty Penalty

    California Supreme Court Endorses City Authority to Adopt Inclusionary Housing Ordinance

    $24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed to Prove Supplier’s Negligence or Breach of Contract Caused an SB800 Violation
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through more than four thousand construction defect and claims related expert designations, the Anaheim, California Construction Expert Directory offers a wide range of trial support and construction consulting services to attorneys and construction practice groups concerned with construction defect and claims matters. BHA provides building related consulting and expert witness support services to the industry's leading construction attorneys, Fortune 500 builders, insurers, owners, as well as a variety of public entities. Utilizing captive assets which comprise credentialed construction consultants, NCARB certified architects, forensic engineers, building envelope and design experts, the firm brings specialized expertise and local capabilities to the Anaheim region.

    Anaheim California eifs expert witnessAnaheim California structural engineering expert witnessesAnaheim California expert witness structural engineerAnaheim California construction claims expert witnessAnaheim California architect expert witnessAnaheim California forensic architectAnaheim California reconstruction expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Cross-Office Team Secures Litigation Stay and Order of Arbitration on Behalf of Hotel Developer

    February 17, 2026 —
    New York Partner Minyao Wang, Chicago Partner Bryan Sugar, and Denver/Washington, D.C. Partner Christopher Wood secured a victory on behalf of Lewis Brisbois’ client, a hotel developer, when the Circuit Court of Cook County, Illinois granted the client’s motion to dismiss and ordered the parties to proceed to arbitration. In this matter, the 39 plaintiffs, represented by a New York based law firm that focuses on EB-5 litigation against high-end real estate developers, were foreign nationals living in China or Taiwan who were seeking EB-5 visas and invested in a lending company. The lending company loaned money to entities that were managing a project that involved renovating a hotel and constructing a mixed-use tower in downtown Chicago. Disputes developed among the parties. The foreign investors organized informally and ultimately filed suit against Lewis Brisbois’ client, alleging claims of breach of fiduciary duty, breach of contract, conversion, and conspiracy, as well as aiding and abetting conversion. The defendants faced exposure of at least $20 million. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Delay Matters: Florida’s Fourth DCA Reverses Hurricane Irma Dismissal

    June 08, 2026 —
    The mantra “delay, deny, defend” is frequently referenced in discussions of insurance claims handling, though insurers will invariably disavow these tactics. While it would be facially improper for an insurer to delay a coverage decision to gain a tactical advantage, empirical examples nonetheless exist. This very dynamic was addressed by Florida’s Fourth District Court of Appeals when it handed policyholders a win in Hypoluxo Mariner’s Cay Condo. Assoc’n, Inc. v. Underwriters at Lloyd’s London, No. 4D2024‑2250 (Fla. 4th DCA Apr. 1, 2026), reversing a trial court order dismissing a condominium association’s Hurricane Irma coverage lawsuit against its property insurer. Delay to Run the Statute of Limitations Following Hurricane Irma, a condominium association suffered roof and exterior envelope damage, reported an insurance claim, and submitted a sworn proof of loss to its property insurer in compliance with Florida Statute § 627.70132 (2020). The statute establishes a timeframe within which a policyholder must submit a claim for hurricane damage. Reprinted courtesy of Andrea DeField, Hunton Andrews Kurth LLP, Machaella Reisman, Hunton Andrews Kurth LLP and Cary D. Steklof, Hunton Andrews Kurth LLP Ms. DeField may be contacted at adefield@hunton.com Ms. Reisman may be contacted at reismanm@hunton.com Mr. Steklof may be contacted at csteklof@hunton.com Read the full story...

    UPDATED: No Easy Fix for Potomac River Sewage Spill, Now Estimated at $20M

    April 08, 2026 —
    One month after a collapsed pipeline north of Washington, D.C., spilled about 240 million gallons of raw sewage into the Potomac River and possibly between 300 and 400 million—which could be the largest wastewater spill in U.S. history—efforts are progressing to clear the damaged section and begin repairs despite weather and other impacts. Reprinted courtesy of Jim Parsons, Engineering News-Record and Debra K. Rubin, Engineering News-Record Ms. Rubin may be contacted at rubind@enr.com Read the full story...

    Fort Lauderdale Associate Secures Summary Judgment in Rare Premises Liability Win

    February 23, 2026 —
    Fort Lauderdale associate Kyle Hollander recently secured a summary judgment victory for his client, Winn-Dixie, in a contested premises liability case. This was a hotly disputed liability case of water on the floor near an ice cooler with surveillance footage of a customer constantly bringing bags of ice to and from the cooler to the register. The plaintiff unknowingly stepped into the area of dripped melted ice and fell. Kyle successfully argued based on the plaintiff’s own deposition testimony and the surveillance footage that Winn-Dixie didn’t have the requisite actual notice. Additionally, Kyle argued that the brief duration the condition remained on the floor was legally insufficient to establish constructive notice under Florida law. The Court agreed, finding that the evidence would not survive a directed verdict and granting summary judgment in favor of the defense. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Hidden Risks Behind Today’s Stadium Construction Boom

    July 20, 2026 —
    After a decade-plus lull, professional sports leagues, universities and municipalities are once again spending heavily on new stadiums and major renovations. In the NFL alone, multiple marquee projects are underway or planned, representing more than $10 billion in facilities and mixed-use entertainment districts, rivaling or exceeding the scale of development during the last stadium-build cycle of the early 2000s. Beneath the excitement of architectural ambition and civic pride lies a risk landscape that has fundamentally changed since the last wave of stadium construction. Teams, cities and contractors that rely on outdated assumptions may find themselves exposed to cost overruns, schedule delays and liabilities that are far more difficult to unwind once construction is underway. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Yet Another Reason That Your Contract Matters

    February 10, 2026 —
    I have discussed on several occasions the fact that construction contracts matter. The words in contracts matter and, in Virginia (as well as other states), most provisions, if not all will be enforced to the letter. Recently, the Western District of Virginia federal court ruled in a way that reminded me of another reason for a well-drafted contract. In Rockingham Precast, Inc. v. American Infrastructure – Maryland, Inc. the Western District of Virginia Court considered a motion to transfer the venue to Maryland filed by American Infrastructure. The plaintiff, Rockingham Precast, a Virginia-based company sued in Virginia. American Infrastructure conceded that VA could be a proper forum for the lawsuit but argued that the form was much too inconvenient and costly for the party and non-party witnesses and that the cost made the forum an unfair place to try the case. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Nevada’s Mandatory Nonbinding Arbitration Law for Civil Cases is Going Through Changes

    May 14, 2026 —
    Nevada currently operates an expedited litigation program designed to resolve civil disputes with a value up to $50,000 without incurring the “usual” expense of litigating these disputes. Over time, however, the number of civil cases that have been “exempted” from this program based on the claimed damages exceeding $50,000 has grown dramatically. In response, the Nevada Legislature recently enacted a number of rule changes designed to streamline Nevada’s arbitration process and include more cases. Among these changes are increasing the arbitration “cap” from $50,000 to $100,000. By way of background, the Nevada’s Court Annexed Arbitration program is a mandatory, non-binding program for civil cases in judicial districts that have county populations of 100,000 or more [1]. Nevada’s Court Annexed Arbitration was born out of NRS 38.250, which was enacted in 1991 and went into effect in the summer of 1992. The newly enacted NRS 38.250 was regarded as a way to address the problem of increased court caseloads while promoting judicial economy and efficiency in civil cases having a probable jury award of less than $25,000 [2]. Initially, cases that were automatically exempt from the program included class actions, medical malpractice disputes, divorce proceedings, and other domestic relations matters [3]. Reprinted courtesy of Brandon Wright, Lewis Brisbois and Manuel Gurule, Lewis Brisbois Mr. Wright may be contacted at Brandon.Wright@lewisbrisbois.com Mr. Gurule may be contacted at Manuel.Gurule@lewisbrisbois.com Read the full story...

    Substantial Evidence of Flood Loss is Not a Substitute for Required Proof of Loss

    April 20, 2026 —
    The court found that the insurer properly denied the insured’s claim for loss due to flood because a proof of loss was never submitted. Bay Haven at Coco Bay Condominium Association, Inc. v. Hartford Ins. Co. of the Midwest, 2026 U.S. Dist. LEXIS 6847 (M.D. Fla. Jan. 14, 2026). Bay Haven managed several condo buildings. When Hurricane Ian hit, it caused significant flood damage to these properties. Bay Haven held federal flood insurance policies through Hartford under “Write-Your-Own” policies. This meant Hartford was essentially a fiscal agent that managed policies and handled claims but paid them using federal funds. Following the storm, FEMA extended the usual 60-day deadline for filing a proof of loss to one year, or until September 28, 2023. Bay Haven did not submit its proofs of loss until November 2023. FEMA granted an extension but only for the specific amounts in the November requests. Hartford did not waive the 60-day proof of loss requirement for any other proof of loss. Hartford paid the amounts reflected in the November submissions. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com